Delta Limited & ANR v. Union Of India & ORS

07.06.2023 Item No.1 Ct. No.1 PG/KS W.P.A. 2953 of 2015 Delta Limited & Anr.

Vs.

Union of India & Ors.

Mr. Shiv Chandra Prasad .....For the P. F. Authority

1. This writ petition has been filed by the employer challenging the action initiated by the respondents/Employees'

Provident Fund Organization.

2. For the same subject-matter, the writ petitioners had filed another writ petition in W.P.A. 4597 of 2020 and the said writ petition was dismissed by order dated 6th June, 2023. The operative portion of the order reads as follows:- "In the result, we are of the view that the relief as sought for in the writ petition cannot be granted. Accordingly, the writ petition stands dismissed.

The respondent/Provident Fund Authority is at liberty to proceed further and recover the dues in accordance with the statutory provision.

The third parties have filed application in this writ petition being CAN 1 of 2021, CAN 2 of 2022, CAN 3 of 2022 and CAN 4 of 2023. Since the writ petition has been dismissed on the ground that the writ

petitioner is not entitled for the relief, as sought for, the merits of the contentions advanced in the said applications filed by the third parties are not gone into and are left open."

3. Following the above order, this writ petition stands dismissed on the same lines.

4. There shall be no order as to costs.

5. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)